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2-141 (Text)

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addressee author,male,Sydney Gazette,un
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Decisions of NSW Supreme Court
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Before the Chief Justice, and a Civil Jury.
James Smith stood indicted for the wilful murder of John Haydon, by cutting his throat with a razor, on the highway between Bungonia and Murulan, on the 22d of September last. Mr. Therry briefly opened the case, and called
James O'Neale - I take the mail from Bungonia to Marulan; on the 22d September, was carrying it to the latter place; saw nothing then; on returning I found upon the road a body, thought it was asleep; when I came up to the man I saw a razor laying across his breast, and also a box key; saw the razor bloody on his breast, and his head fairly turned back; he was quite dead; I had passed the same way about an hour before, but then saw nothing; when I perceived the body, I looked and saw some sawyers working near the spot; I brought them to the body and left them in charge of it; I went then for the police at Bungonia; the body was dressed in a blue jacket and fustian trousers; the lining of his left hand pocket of trousers was turned; the breast of the clothes and the ground were all bloody; I think no man could cut his own throat in that manner, and then lay the razor and key in the mode they were upon his breast.
Cross-examined - Have travelled that road for two years alone, and never been stopt.
Samuel Maylor - Am a rough carpenter; I met O'Neale in September last; he came to the sawyer's hut; we had some tea, and then proceeded to the body; I went first to borrow a blanket; after that searched for a track; found a bloody track 200 yards across the bridge, when there I saw a black hat and handkerchief; at the back of a little bush close to the bridge a dog was lying down near the spot; I went back to the body, and stopt till Dr. Reid came; when Dr. Murphy and Mr. Futter examined the body, but could not recognize him them; the next day when the body was carried to a shepherd's hut, I recognized his face; I believe him to be John Haydon; had seen him often before at different parts and knew him well by person, but not by name until about three months before his death.
Cross-examined - The dog was laying down, but did not follow us; the dog was 200 yards from the body; to the best of my belief the body was that of John Haydon; never saw the dog before that time, nor ever saw it in presence of the prisoner; the dog was within 6 to 10 yards when we found the hat and handkerchief.
Richard Jawers - Am a Settler at Bong Bong; John Haydon lived with me eight years and better; left me about three months ago, had with him then in going towards the New Country a dog a little brindled called "Turkey," but nothing like the dog I have seen to-day; never saw it before; I saw Haydon alive about six weeks ago; saw him dead at the Gaol of Parramarrago, Inverary, near Dr. Reid's about a month ago; am sure it was the body of Haydon.
James O'Neale, -- I saw the same dead body lying at the Inverary lock-up, and saw the last witness (Jawyers), going to recognise the body; spoke to him upon the subject.
Richard Jawers recalled. - When he left me the last time to go up the country, he was riding a black mare belonging to me; have seen the mare to-day, it is the same.
Cross-examined. - I believe I have had the mare for three years; have rode the mare many times; she was branded J; the mare knows me, and I can swear to her; I was once in trouble but Mr. Rowe cleared me out; did not take much trouble about my cattle; I saw the mare again coming down in the custody of the police; knew her directly.
John Foy. - Am a farmer living at Boro; deceased left my house on a Wednesday morning; saw him four days afterwards at Inverary gaol, he was then dead; it was the body of the man, whom I knew as Haydon, who left my house four days before; he had a dog with him, but which was then lost; when he left my place he expressed a determination to look for it; he had a razor and a key with him, also a dark handkerchief; he was about my age; I am about thirty eight; would know the razor, and could swear to the key; he wore such a handkerchief and hat as those now produced; I found them at Lynch's in Bungonia; the hat I bought myself, and can swear to it from the size.
Samuel Maylor. - The razor, key, and clothes now produced, appear to be the same as those I saw near the body.
McCauley. - Knew John Haydon; he called at my house on the 22nd September; he was riding a dark-brown mare; went with him to the store of Mr. McGillvray; he wanted change for a £1 note; Mr. McG. could not change it; it was No. 83 upon the Bungonia Bank (note produced); that is the note; prisoner was standing outside the store when we got there; I heard prisoner tell deceased he was going down to Sydney to stand his trial; they appeared to be acquainted; prisoner and deceased went away together; the things now produced I got from Maylor: I knew the jacket; had it from Mr. Hume; the jacket I had seen worn by Smith on that very morning, and several times before; had known prisoner upwards of four months; he was overseer to Mr. Kenny, of Lake George; could recognise the jacket by particular marks it bore; the murder was reported to me about three or four hours after I had seen prisoner and deceased; I recognised the body to be that of John Haydon; I went in search to Mr. Gray's, a publican at Sutton Forest, and got there a £1 note; I got this note at Gray's house; I picked it out from some others which were in Jervis's hand, who is a butler or waiter to Gray; I took up some of Mr. Barber's men first upon suspicion, but I am now convinced of their innocence; there were wounds on the head, which seemed to have been inflicted by a hammer; might have been done by the handle of a whip.
Cross-examined - Saw other Bungonia notes, but did not look for any other than the one I had seen in possession of deceased.
James Loughlin McGillivray - I am a store keeper at Bungonia; saw the prisoner on the 22d September there about 9 o'clock in the morning; he was alone; I supplied him two figs of tobacco, he was dressed in a fustian jacket and trousers, straw hat, and laced boots; that is the jacket; whilst he was filling his pipe, I observed a button drop from his shirt, and picked it up, and placed it in the adjoining room of my store; that is the button; I have every reason to believe that is the jacket, it corresponds in every way with that prisoner wore; he had a dog with him; it was the same I have seen this morning; about ten minutes after prisoner left; deceased came in with McCauley; he handed me a Bungonia note, and wished for change; returned it to him saying, I had not sufficient change; he and McCauley went out together, and saw nothing more of them; when prisoner was in the house I enquired if his dog was vicious; he replied, yes, and at nine months old would seize a man, or words to that effect.
Cross-examined - It appears an ordinary jacket but I had not seen many like it up there before; no person except prisoner and the other two came in at the time; directly they went out I picked up the button, say ten minutes after.
John Taylor - I am a carpenter at Bungonia; I saw prisoner at McGillivray's store on the 22d Sept.; whilst working at the bench saw two men with a brown mare going away; prisoner had on a white suit, but took no particular notice.
Andrew H. Hume - I am a grazier in Argyle; I received information of a murder being committed there on the 22d September; I saw the body in consequence of information; I went in search, and found the track of a horse, which I followed to a large tree, there saw a check shirt folded up, under the butt of the tree I found a white coatee